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Journal of International Economic Law Advance Access published online on October 27, 2009
Journal of International Economic Law, doi:10.1093/jiel/jgp034
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© Oxford University Press 2009, all rights reserved

The WTO and Regulatory Freedom: WTO Disciplines on Market Access, Non-Discrimination and Domestic Regulation Relating to Trade in Goods and Services

Erich Vranes*

* Associate professor for international law, European law and international economic law, Europe Institute, Vienna University of Economics and Business (WU Wien). E-mail: Erich.Vranes{at}wu.ac.at. Originally written in May 2005 as part of the author's post-doctoral (habilitation) project ‘Trade and the Environment. Fundamental Issues in International and WTO Law’ (submitted as a monograph at WU Wien in 2006), this contribution has been updated in August 2009. Most other results of the aforementioned project have been published in the book Trade and the Environment. Fundamental Issues in International Law, WTO Law and Legal Theory (OUP, Oxford 2009).


  Abstract

This article addresses the question as to how the principal World Trade Organization (WTO) obligations on market access relate to those on non-discrimination and domestic regulation. This issue has appropriately been referred to as ‘the single most potent underlying source of legal and political tension in all free trade regimes’.1 The present contribution focuses on the General Agreement on Trade in Services (GATS), but by way of introduction it also briefly addresses pertinent WTO rules on trade in goods, so as to delineate a background against which the considerably more complicated legal situation in the GATS can be compared.


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